Post from Circuits -
Actually, it does. A machinegun is exempt from the definition of a "semi automatic assault weapon" because it's not semi automatic.
A Short-Barrel Rifle, which is still semi automatic still meets the definition of a "SAAW" so it's subject to the provisions of 922(v).
You are mistakenly thinking it's the tax status of the firearm instead of its functioning which makes a machinegun exempt.
By the same token, an "AOW" is exempt from the AW ban not because it's a taxed NFA firearm, but because it doesn't meet the legal definition of a pistol, rifle or shotgun - and only those three types of weapons are addressed by the AW ban.
View Quote
Gee, thanks, [b]circuits[/b], for your little lecture.
It was quite informative.
The thrust of my post was not, however, what the laws, or more correctly the rules, that have been promulgated by the ATF, actually are, but whether those rules make 'perfect legal sense.'
Not whether they make sense in the general scheme of firearm law and regulations, but whether they make 'perfect legal sense.'
I submit that they do [u]not[/u] make 'perfect legal sense', for I believe that they are just as arbitrary as anything a federal agency with rule making authority has ever developed.
Explain to me why the ATF [u]had[/u] to classify a sound suppressor as a 'flash suppressor' and therefore impermissible to affix to a post-ban assault weapon.
Could they not just as easily, and reasonably, not classified it as such?
I [u]know[/u] the laws, I want you to consider the sense that the rules make when the ATF can just as easily classify something one way, as to classify t the other.
Have we seen the ATF contradict its own policies, ever? Have they ever concluded that their prior interpretation of the laws was in error and adjusted their rules accordingly?
All without further action by the Congress?
Of course they have, and when they do, they strike against the very predictability of result that all laws should be based upon.
Period.
If this were not so, then [b]LTCetme's[/b] final comments:
I HATE THEASE DUMB ASS LAWS!!!!!!!
View Quote
wouldn't sound so damnably reasonable, now, would they?
Do you disagree that they are 'dumb ass' laws?
Eric The(ISureAsHellDo!)Hun[>]:)]